Developer Agrees To Clean Up Dump Site

NEWPORT NEWS — A Newport News developer has agreed to clean up a 10-acre dump near a Denbigh neighborhood to settle a lawsuit thatg the city filed against him two years ago.

The developer, Dwight Wolf, has until late February to submit a plan for the property on Shields Road, next to the King's Charter subdivision. If the city approves the plan, he will have six months to clean up the property and plant trees to replace those that he cut down, city officials say.

The officials say Wolf stored construction waste and vehicles on the property, illegally operated a wood grinder there and failed to erect two buildings that he agreed to build. Wolf said he had all the permits that he needed and was sued only because King's Charter residents complained about the noise.

The agreement could resolve a 3-year-old dispute between Newport News and Wolf, who's done millions of dollars in construction work for the city. In the past four years alone, Wolf has won six city contracts worth nearly $2.4 million. He also donated the land, materials, equipment and labor to build the soccer fields at Riverview Farm Park.

The dispute began in 1998, when King's Charter residents complained to the city about Wolf grinding wood on the property. He also stored heavy construction equipment and broken-down vehicles there.

The city ordered Wolf to stop the grinding in October 1998. He complied but continued to store construction waste and vehicles there.

The city levied a misdemeanor charge against Wolf in 1998 because of the dump. The charge was dismissed in 1999, but the city filed the lawsuit against Wolf later that year.

Linda Brown, who lives near the dump, said the biggest problem was the noise. She said wood was ground on the property as often as six days a week and sometimes as early as 5 a.m.

Under the agreement with the city, Wolf can grind wood while he cleans up the property from 8 a.m. to 4 p.m. Monday through Friday.

Tamar Whitaker, another resident, worried more about air quality.

"You couldn't even go outside because there was so much debris in the air," Whitaker said. "It was hard to breathe and stuff. I wouldn't even let my dog out."

Wolf said King's Charter residents had legitimate concerns about his property. He said that after he cleaned it, he would either sell it or develop it into small offices and warehouses.

"I'm developing numerous projects throughout southeastern Virginia," Wolf said, "and I don't want to have a reputation of developing things that are not compatible."

Wolf and city officials disagreed on whether he followed the rules:

* Allen Jackson, chief deputy city attorney, said Wolf needed a certificate of use and occupancy permit. Wolf said he didn't because there was no building on the property to occupy. Neal Thompson, director of Codes Compliance, said that didn't matter. He said Wolf agreed to erect two buildings there.

* Jackson said Wolf didn't have the necessary permit from the U.S. Army Corps of Engineers for a third of an acre of wetlands on the property. Wolf said he did, and Army corps officials agreed with him.

* Thompson said Wolf was allowed to store waste outside only because of unfulfilled plans to erect the buildings. Wolf said the permit that he got allowed him to store construction waste outside.

* Thompson said grinders could be used outside without a permit for temporary projects, such as clearing trees from property, but not when the grinder was to be used permanently. He said Wolf needed to put the grinder in a building. Wolf said he had the permit that he needed to run the grinder.

* City officials said Wolf cut down trees on city property or on land that was part of a tree buffer required by the city. Wolf said the only trees that he cut down were blocking his access to his property.

Meanwhile, Wolf missed a deadline to post a $100,000 bond that the city could use to do the cleanup work if Wolf didn't do it. He said he couldn't get the bond until the site plan was finished by the end of February. Jackson declined to comment on what action, if any, the city would take because of the missed deadline.

Wolf said he didn't want to anger city officials.

"You may not always agree with what your mother-in-law says," he said, "but you don't fight with her. You've got to live with her, and sometimes, your mother-in-law is right -- even when she isn't."

Christopher Schnaars can be reached at 247-4768 or by e-mail at cschnaars@dailypress.com